Carter Capner Lawhttps://cartercapner.com.au
Personal Injury Lawyers Brisbane & Gold CoastFri, 09 Mar 2018 04:10:20 +0000en-UShourly1https://wordpress.org/?v=4.7.9TakeTheLawhttps://feedburner.google.comSubscribe with My Yahoo!Subscribe with NewsGatorSubscribe with My AOLSubscribe with BloglinesSubscribe with NetvibesSubscribe with GoogleSubscribe with PageflakesSubscribe with PlusmoSubscribe with The Free DictionarySubscribe with Bitty BrowserSubscribe with Live.comSubscribe with Excite MIXSubscribe with WebwagSubscribe with Podcast ReadySubscribe with WikioSubscribe with Daily RotationFlour Mill Developer Caught By Plummeting High-Rise Valueshttp://feedproxy.google.com/~r/TakeTheLaw/~3/2t2EvzfxiU8/
https://cartercapner.com.au/blog/flour-mill-developer-caught-plummeting-high-rise-values/#respondThu, 22 Feb 2018 01:50:08 +0000https://cartercapner.com.au/?p=15638A developer who defaulted on the purchase of a $25m condominium project at the historic Albion Flour Mill site has been ordered to pay the vendor millions in compensation for the collapsed deal. Fridcorp Group – operated by developers Paul Fridman and Chris Roche – signed up to buy the 12 lot FKP site in […]

But all necessary reports were available via a virtual “data room” that both parties had access to prior to signing the contract.

FKP sued in Brisbane’s Supreme Court for the difference between the sale price and the site’s diminished value as at the due date for settlement.

Justice David Jackson had no difficulty in ruling that notice had been duly given, because Fridcorp had specifically consented to documents being disclosed by way of the mutually accessible “data room”.

Justice Jackson said the use of the online platform satisfied all legal requirements and dismissed Fridcorp’s attempts to justify its withdrawal from the deal.

It was irrelevant, he reasoned, that the requisite contamination notice was one of scores of documents deposited into the data room because it was clearly titled and easily available.

Valuer Troy Linnane, head of residential development at Jones Lang LaSalle, argued by comparison with other developments in Bowen Hills and Newstead that the site’s value in December 2016 had dropped from $25m to $17m.

He then reasoned that by March 2017 the value had collapsed further to $15.75m.

Justice Jackson thought that to be too much of a stretch as such a conclusion was “unsatisfactory” and “inconsistent”.

There were also unresolved questions as to why the valuer rated an inferior comparison site at a far higher dollar rate per square metre than the Albion Mills site.

That said, the value drop to $17m was taken as reasonable conclusion, yielding a value collapse over just 18 months of $8m or 32%.

Given that a deposit of $2.75 mil had already been paid, the Fridcorp Group was ordered to pay $5.25m plus interest – a total of $5.46m – for what was ruled to be a serious contract breach.

]]>https://cartercapner.com.au/blog/flour-mill-developer-caught-plummeting-high-rise-values/feed/0https://cartercapner.com.au/blog/flour-mill-developer-caught-plummeting-high-rise-values/Doctors sued over delayed cancer diagnosishttp://feedproxy.google.com/~r/TakeTheLaw/~3/SLiL7Nu5ku0/
https://cartercapner.com.au/blog/doctors-sued-delayed-cancer-diagnosis/#respondThu, 08 Feb 2018 06:18:01 +0000https://cartercapner.com.au/?p=15627A 36-year-old Brisbane woman is suing doctors for a delay in diagnosing her cancer, despite multiple complaints and visits for her symptoms. Jodie Elisara first presented to a doctor in 2009 due to painful bowel movements and rectal bleeding, but was told it was just haemorrhoids. The mother of three went on to visit other […]

]]>https://cartercapner.com.au/blog/doctors-sued-delayed-cancer-diagnosis/feed/0https://cartercapner.com.au/blog/doctors-sued-delayed-cancer-diagnosis/Model patient wins humiliation $$ after Dr’s unwelcome full body examhttp://feedproxy.google.com/~r/TakeTheLaw/~3/DU_QLQtqdcQ/
https://cartercapner.com.au/blog/model-patient-wins-humiliation-drs-unwelcome-full-body-exam/#respondMon, 15 Jan 2018 05:24:34 +0000https://www.cartercapner.com.au/?p=15610A Gold Coast medical specialist who made a proposition to a patient that she should become his mistress has been ordered to pay compensation for the resulting psychiatric injury and humiliation. Former N.Z. fashion model Faye Grieve laughed off the doctor’s advances even after he made it clear the arrangement would come with a condo, […]

]]>A Gold Coast medical specialist who made a proposition to a patient that she should become his mistress has been ordered to pay compensation for the resulting psychiatric injury and humiliation.

Former N.Z. fashion model Faye Grieve laughed off the doctor’s advances even after he made it clear the arrangement would come with a condo, a car and regular nights out.

She observed that the specialist’s wife would probably think ill of such a tryst and made it clear she was happily married.

About 12 months later in April 2007, the dermatologist – Dr Rene Gomez – asked her to strip down to a gown for a full body examination so he could inspect other parts of her body.

Five months later Grieve reported to another skin doctor that Gomez had – in that examination – stroked the inside of her thighs, “like a husband would do in foreplay” and briefly massaged her breasts and buttocks.

That skin doctor advised her to contact the medical board and police to report Gomez.

Apprehensive of the distress a complaint against Dr Gomez would bring to her, she made no contact with the medical board until five years later.

Gomez did not file any opposition to Grieve’s civil damages claim when it was eventually filed in 2016.

Neither did he plead any limitation defence nor did he oppose her application in August 2017 for a “freezing order” to prevent the disposal of his Gold Coast home so that it would remain available to meet the proceeds of the final damages order.

When the case came before Judge Catherine Muir in Southport’s District Court for assessment of damages, Gomez appeared without legal representation only to contend that the $150k damages sought by his former patient, was out of proportion to the events that had occurred.

Judge Muir was concerned at the lack of precise detail in the plaintiff’s affidavit, of the physical examination episode when the assaults were alleged to have occurred.

She nevertheless accepted the truth of the events and that Grieve felt immediate disgust and humiliation, and taken to the shower scrubbing herself, to be found there by her husband, shivering, several hours later.

Her honour took the view however, that the 70-yr-old’s damages ask was “unreasonably high”.

Of the $43k eventually awarded, a meagre $11k was – due to the application of the Civil Liability Act scale – attributable to psychiatric injury.

The $50k claim for aggravating, insulting and humiliating conduct was – given Gomez had not challenged or delayed the proceedings – pared back to just $15k.

And the ask for exemplary damages – contended to be appropriate given that no criminal prosecution had occurred – was rejected because the court considered no additional “punishment” was required.

Following a period of suspension, Dr Gomez was permanently banned from consulting female patients. Judge Muir noted in her judgement that because of his age it was unlikely he was any longer practising medicine.

]]>https://cartercapner.com.au/blog/model-patient-wins-humiliation-drs-unwelcome-full-body-exam/feed/0https://cartercapner.com.au/blog/model-patient-wins-humiliation-drs-unwelcome-full-body-exam/How To Sue For Personal Injuryhttp://feedproxy.google.com/~r/TakeTheLaw/~3/tOuRdghgXMo/
https://cartercapner.com.au/blog/sue-personal-injury/#respondThu, 14 Dec 2017 23:35:46 +0000https://www.cartercapner.com.au/?p=15564Personal injury claims are one of the most common types of civil lawsuits brought by individuals. Before lodging a claim, it is important you understand the different types of injury claims, the limitation periods involved, your potential damages and how to file the lawsuit. Given complex court rules, you should engage an experienced solicitor to help you […]

]]>Personal injury claims are one of the most common types of civil lawsuits brought by individuals.

Before lodging a claim, it is important you understand the different types of injury claims, the limitation periods involved, your potential damages and how to file the lawsuit.

Given complex court rules, you should engage an experienced solicitor to help you navigate the process.

What is a personal injury?

A personal injury for which compensation can be sought is as an injury caused by the negligent or wrongful acts of another person or entity. In order to establish a claim, you must prove the negligent party owed you a duty of care and that they breached that duty. You must also demonstrate that their breach is causally connected to your resulting injury. Finally, you must show that you suffered harm as a result. Because not all injuries meet the necessary criteria, not every incident is eligible for compensation.

Can I sue for an injury that was partly my fault?

The law also takes into account situations in which fault is apportioned between parties, because everyone owes a duty of reasonable care. For example, if you were struck by a car while crossing the road, the motorist may have been negligent. If you crossed the road in a prohibited area or against a red light and were struck by a car, a court may find that the motorist was not negligent and your own negligence caused your accident. If it is determined that both you and the motorist were negligent, then any award you might receive will be reduced by the percentage of negligence for which you were responsible.

How to sue a company for personal injury

There are several types of personal injury claims, with each governed by different laws and subject to strict time limits. The categories of personal injury claims include the following:

Injuries to victims of crime

Injuries caused by motor vehicle accidents

Work injuries

Other personal injuries

A solicitor can review the circumstances of your case to determine if you have valid legal grounds to file a personal injury claim. After you have learned from your solicitor about whether or not you have a valid claim, you can initiate the process:

File initiating documents with the court.

The initiating documents will outline the rights that you believe were infringed and the grounds on which your claim is based.

Serve the initiating documents on the organisation that you believe is responsible.

There are specific procedures that you must follow to properly serve the defendant organisation. It is recommended that you consult a solicitor to ensure you comply with these strict requirements.

Await the defendant’s answer.

The business will either admit responsibility for the injury or deny the allegations. Where an organisation denies negligence, it must subsequently file a reply within a designated time period. This reply will provide you with an outline as to what the defendant is denying. Proceedings will then commence.

Enter the discovery period.

After the lawsuit has been initiated, there will be a discovery period in which each side is required to provide the other with evidence and documents to support their claim. At any time during this period, you may be able to reach an agreement to settle your claim. Your solicitor will negotiate with the defendant or the insurance company in order to settle your claim for a fair amount.

Go to trial if no settlement is reached.

If you are unable to reach an agreement, the matter will progress to trial. This process may take anywhere from 6 to 12 months. If you cannot to afford to pay for a solicitor, you may be able to work with a no-win, no-fee lawyer, who you will not be required to pay unless your claim is settled or won.

How long after an accident can you sue?

Personal injury claims are governed by strict time limits, so it is important you speak to a solicitor as soon as possible after your injury has occurred. If you miss the limitation period deadline, you may be unable to file your claim and may be barred from recovering your losses.

The Limitations of Actions Act 1974 (Qld) specifies a three-year time limit for injury claims. For injured children, the three-year time limit only begins to run on their 18th birthday.

In some cases the three-year time limit can be extended.

Accidents on airlines must be commenced withing two years,.

In some consumer type cases, the injury time limit is six years.

Important points to remember if you’re considering claiming for personal injury include:

Personal injury claims allow people who have been injured by the negligent actions of others to recover damages. The damages are intended to compensate the injured party for their losses so as to place them in the same position they would be in, had the incident not occurred.

To have a claim, there must be a duty of care, the defendant must have breached that duty of care, that breach must have contributed to the cause of the injury, and you must have suffered harm as a result of the injury.

You may still be able to make a claim if you were partially responsible for the accident.

There are strict time limits for personal injury claims, so ensure you understand those before you commencing any legal action.

]]>https://cartercapner.com.au/blog/sue-personal-injury/feed/0https://cartercapner.com.au/blog/sue-personal-injury/CCL Knows How to Party!http://feedproxy.google.com/~r/TakeTheLaw/~3/tcOBIVik2Cs/
https://cartercapner.com.au/blog/ccl-knows-party/#respondMon, 11 Dec 2017 04:13:03 +0000https://www.cartercapner.com.au/?p=15581On Friday December 8, CCL staff, partners and clients celebrated the end of a massive year of wins. The festivities took place at Les Bubbles Bath House, where we enjoyed canapes galore and mini versions of the venue’s famous steak and fries. Add to that a drink or two, good conversations, and great people, and […]

]]>https://cartercapner.com.au/blog/ccl-knows-party/feed/0https://cartercapner.com.au/blog/ccl-knows-party/Tostee in $300k taxpayer askhttp://feedproxy.google.com/~r/TakeTheLaw/~3/IbETrxgYmG4/
https://cartercapner.com.au/blog/tostee-300k-taxpayer-ask/#respondThu, 07 Dec 2017 23:22:02 +0000https://www.cartercapner.com.au/?p=15575Gable Tostee is suing the state for $300K in damages, claiming he was assaulted and wrongfully arrested by police. The accused ‘tinder killer’ – who now goes by the name Eric Thomas – was acquitted last year of all wrongdoing in connection with Warriena Wright’s 2014 plunge to her death from the railing of a […]

]]>Gable Tostee is suing the state for $300K in damages, claiming he was assaulted and wrongfully arrested by police.

The accused ‘tinder killer’ – who now goes by the name Eric Thomas – was acquitted last year of all wrongdoing in connection with Warriena Wright’s 2014 plunge to her death from the railing of a Surfers paradise high rise.

Thomas contends – in a claim lodged in Brisbane’s District Court on November 23 – the arresting officer said he was being charged for “being a d—head” before asking, “do you want me to throw you on the ground?”

Two officers allegedly punched him, wrestled him to the ground and sprayed capsicum spray in his face – before then proclaiming that he was being arrested “for being a f—wit”.

He says he was then forcibly moved to the back of a police vehicle and held in a Gold Coast watch house overnight.

If the above account is disputed by the officers concerned, a trial of Thomas’ allegations will proceed in the coming months.

Thomas was charged with public nuisance and for obstructing a police officer. He denied those charges – as well as his complicity in Wright’s fall – and after police offered no supporting evidence, the charges were dropped.

His claim now depends on proving the police used excessive physical force and verbal intimidation that was not justified or excused in the circumstances. His technical contentions are that the officers’ actions amounted to assault, battery, false imprisonment and deprivation of liberty.

Having sustained; dental damage and injuries to his jaw, wrist, neck, thumb, and toe – as well as PTSD – he seeks $150k in compensatory damages.

He also asks for a further $150k in aggravated damages for to reflect the law’s disapproval of his high-handed treatment and for the humiliation and distress he suffered.

]]>https://cartercapner.com.au/blog/tostee-300k-taxpayer-ask/feed/0https://cartercapner.com.au/blog/tostee-300k-taxpayer-ask/Sales pro in $1mil damages winhttp://feedproxy.google.com/~r/TakeTheLaw/~3/BEBXXsSRO_E/
https://cartercapner.com.au/blog/sales-pro-1mil-damages-win/#respondTue, 05 Dec 2017 23:10:57 +0000https://www.cartercapner.com.au/?p=15573In 2003, experienced car salesman Peter Fulmer was employed to acquire and on-sell cars for a profit of approximately $200k. His employer, Australian Motors, was owned and directed by Grahame and Shane Thompson. After 12 months Fulmer was approached by Grahame Thompson to join him in a similar operation in Townsville. Fulmer agreed to contribute […]

]]>In 2003, experienced car salesman Peter Fulmer was employed to acquire and on-sell cars for a profit of approximately $200k. His employer, Australian Motors, was owned and directed by Grahame and Shane Thompson.

After 12 months Fulmer was approached by Grahame Thompson to join him in a similar operation in Townsville.

Fulmer agreed to contribute $550k to the proposed business for a 30% shareholding by way of a $150k upfront deposit and the remaining $400k to be sourced from profits generated by the business.

Fulmer paid his deposit in April 2006 and his interest in the business was due to crystallise once the profit target was reached.

The profit target was – by everyone’s account – reached in January 2010, but when the Thompsons failed to sign over a share in the business, Fulmer sued.

The Supreme Court in Cairns heard the Thompsons’ contention that the business had in fact fallen short of the target sum, despite an earlier admission to the contrary.

Justice James Henry rejected that assertion ruling the business records established the true revenue position. He considered the defendants’ argument an entirely unconvincing attempt to avoid their financial liability.

He assessed Fulmer’s loss of the chance to profit from the deal, and the loss of the value of the shares that ought to have been awarded to him, at $993k.

In delivering its judgment, the court noted that ‘so far as money can allow it, the party is to be placed in the same position as if the contract had been performed’.

Fulmer’s claim for damages for loss of income were dismissed on the basis that such an award would unfairly place him in a position superior to where he would be had the breach not occurred, as such damages would overlap with loss of chance to profit damages.

]]>https://cartercapner.com.au/blog/sales-pro-1mil-damages-win/feed/0https://cartercapner.com.au/blog/sales-pro-1mil-damages-win/What to do when you’ve been injured at workhttp://feedproxy.google.com/~r/TakeTheLaw/~3/ZW9UgCOSv34/
https://cartercapner.com.au/blog/what-do-when-injured-work/#respondTue, 28 Nov 2017 06:59:01 +0000https://www.cartercapner.com.au/?p=15553No one wants to get injured at work. But sometimes accidents happen – especially if you’re working in a high-risk industry. So what should you do if you’ve sustained an injury in the course of your job? What constitutes a workplace injury? There are a range of injuries, illnesses and conditions that may be claimed for, if they […]

]]>No one wants to get injured at work. But sometimes accidents happen – especially if you’re working in a high-risk industry. So what should you do if you’ve sustained an injury in the course of your job?

What constitutes a workplace injury?

There are a range of injuries, illnesses and conditions that may be claimed for, if they were sustained at – or in the course of – your employment. These include:

Physical injuries such as cuts, fractures, burns or industrial deafness

Psychiatric or psychological disorders like depression or anxiety

Diseases such as asbestosis or Q-fever

Aggravation of a pre-existing condition

Death from an injury or disease.

What can I claim for if I’ve been injured at work?

You can apply for compensation to help you cover costs like time off work, medical bills, and bills for carers.

Additionally, if you feel your employer has breached their duty of care, and that contributed to your workplace injury or illness, you may be able to initiate a common law claim for negligence. This type of compensation usually involves seeking advice from a lawyer specialising in workers’ compensation, and may include damages for things like pain and suffering, lost wages, economic loss, future wages or costs, and expenses for medical, pharmaceutical, and caring services (including any hours family and friends spend caring for you).

What do I have to do to claim Workers’ Compensation?

We’ve outlined step-by-step instructions to follow if you sustain an injury or illness in the course of your employment, so you can ensure you’re set up for the best possible outcomes both financially and for your health.

Even if you want to make a common law claim, you must first go through this process.

Report your injury to your employer as soon as possible after it occurs

Visit a doctor for a full injury assessment and obtain a work capacity medical certificate

Complete the WorkCover QLD claim application form, and notify Workplace Health and Safety QLD of the incident if necessary. You can access all the required forms online through WorkCover QLD.

Once completed, provide the WorkCover application form and your medical certificate to your employer.

It’s important to let WorkCover know if your condition changes to avoid issues like overpayment or underpayment.

What time limits apply when reporting an incident?

Different time frames are relevant, depending on whether you’re just looking to apply for WorkCover, or want to make a claim under common law.

WorkCover claim time frames:

Reporting the incident to your employer – as soon as possible after your injury

Obtaining a work capacity medical certificate – as soon as possible after your injury

Completing your application for WorkCover and returning it to your employer – as soon as possible after your injury

Common law claim time frames:

Lodge a Notice of Claim for Damages – workers generally have up to 3 years from the date of the injury to lodge a Notice of Claim (NOC).

Once received, WorkCover has 6 months to investigate the incident and reach a conclusion on whether the employer is liable for the injury.

For more information on your rights after a workplace injury, feel free to contact our team. They can help you understand what you may be entitled to if you’ve been injured at work, and may be able to assist you through the claiming process.

]]>https://cartercapner.com.au/blog/what-do-when-injured-work/feed/0https://cartercapner.com.au/blog/what-do-when-injured-work/STATE SUNK ON APPEAL, LOSES $558K INJURY IMMUNITY BIDhttp://feedproxy.google.com/~r/TakeTheLaw/~3/fAa97f-2TEk/
https://cartercapner.com.au/blog/state-sunk-appeal-loses-558k-injury-immunity-bid/#respondFri, 20 Oct 2017 03:30:45 +0000http://www.cartercapner.com.au/?p=15450In January 2012 Moyra Roane-Spray was being transferred from an ambulance at the Lamb Island ferry terminal en route to Redlands Hospital when the stretcher she was carried on collapsed at one end. The fall left her with numerous injuries, aggravated her pre-existing degenerative spinal conditions and significantly restricted her mobility and independence. Roane-Spray subsequently […]

]]>In January 2012 Moyra Roane-Spray was being transferred from an ambulance at the Lamb Island ferry terminal en route to Redlands Hospital when the stretcher she was carried on collapsed at one end.

The fall left her with numerous injuries, aggravated her pre-existing degenerative spinal conditions and significantly restricted her mobility and independence.

Roane-Spray subsequently sought damages in negligence. In December 2016 she was successful in her claim and the State of Queensland – the employer of the paramedic who let the stretcher slip- was ordered by Judge John McGill to pay her $558K.

The State filed an appeal against the trial judges’ decision.

In presenting their claim, the State argued that it should be afforded protection in performing duties that enhance public safety – pursuant to Civil Liability Act section 27 – just like the QAS itself is.

That contention required a conclusion that the QAS was, in essence an ‘emanation of the Crown in right of the State of Queensland’.

In delivering the lead judgement, Justice Helen Bowskill concluded that the employer was in fact the State – not QAS – and although the QAS benefits from civil liability immunity under s 27 and is defined in its enabling legislation to include the ambulance officers serving within it – the immunity does not extend to the State itself.

“There is no basis that I can discern,” she ruled “for reading QAS where it appears in schedule 2 to the Civil Liability Regulation, as “State of Queensland”.

“As a matter of policy, it may be accepted as being in the public interest to protect an entity such as the Queensland Ambulance Service, [including] ambulance and medical officers, from litigation and liability where it is performing services,” but there was no reason that such protection should apply in this case.

The State must now pay up the damages plus Roane-Spray’s legal costs of the appeal.

]]>https://cartercapner.com.au/blog/state-sunk-appeal-loses-558k-injury-immunity-bid/feed/0https://cartercapner.com.au/blog/state-sunk-appeal-loses-558k-injury-immunity-bid/FRESH FOODIES TO PAY OVERWORKED ORDER PICKER $780K FOR BACK INJURYhttp://feedproxy.google.com/~r/TakeTheLaw/~3/COSztVbxo_8/
https://cartercapner.com.au/blog/fresh-foodies-pay-overworked-order-picker-780k-back-injury/#respondThu, 19 Oct 2017 18:22:49 +0000http://www.cartercapner.com.au/?p=15433A Cairns man has been awarded substantial damages after he sustained a debilitating lumbar disc protrusion at the Raintrees Woolies store in Cairns. Michael Perkins was employed by Woolworths from August 2011 where he worked as a “back dock assistant” until he resigned in November 2011. His role required he employ the use of a […]

]]>A Cairns man has been awarded substantial damages after he sustained a debilitating lumbar disc protrusion at the Raintrees Woolies store in Cairns.

Michael Perkins was employed by Woolworths from August 2011 where he worked as a “back dock assistant” until he resigned in November 2011. His role required he employ the use of a ‘walkie stacker’ to unload pallets; some which exceeded 1000kg in weight.

For a period from September 2011, the machine became inoperable and was replaced with a hire unit for which – unlike his comprehensive induction on the walkie stacker – Perkins received no safe-handling training whatsoever.

The handling characteristics of the rented machine differed significantly from those of the unit it replaced. As a result Perkins and his colleagues resorted to manual handling by using steel bars to manoeuvre heavy pallets during unloading.

This practice continued to be used – with the grocery giant’s knowledge – until unbearable pain to his lower back and right thigh forced Perkins to resign.

Fast forward to the District Court in Cairns where Perkins injury compensation claim fell to be decided.

Woolworths denied the claim. Instead they argued that Perkins’ injuries were sustained during his work as a plumber – a role he commenced after ending his employment with them.

Perkins had neither reported the incident nor had he sought medical advice until four months later.

Woolworths seized on these facts, along with inconsistences between Perkins account and documentary evidence, to contend the injuries were simply not compatible with Perkins’ story.

Judge Dean Morzone rejected this argument. Instead his honour concluded that Woolworths had acted negligently in permitting the ‘levering task’ which resulted in Perkins’ disablement. He contended that the medical records and solicitor’s correspondence were not ‘infallible indicators of the plaintiff’s reliability.’

Accordingly, Judge Morzone awarded Perkins a total of $788 669.98 in damages, which included compensation for past and future economic loss and future expenses. His honour also ordered Woolworths compensate Perkins for the costs of the proceeding.

Ultimately this case highlights the importance of immediately reporting injuries in the workplace. Although Perkins was successful in his claim, had he instantly recorded his injuries with Woolworths, it is possible he may have avoided lengthy court proceedings.

]]>https://cartercapner.com.au/blog/fresh-foodies-pay-overworked-order-picker-780k-back-injury/feed/0https://cartercapner.com.au/blog/fresh-foodies-pay-overworked-order-picker-780k-back-injury/‘RACIST’ RESTAURANT SUES SBShttp://feedproxy.google.com/~r/TakeTheLaw/~3/K-7C-8oYcYg/
https://cartercapner.com.au/blog/racist-restaurant-sues-sbs/#respondThu, 19 Oct 2017 18:06:48 +0000http://www.cartercapner.com.au/?p=15414The owners of a Brisbane restaurant are suing the SBS for defamation, after it broadcast a segment which labelled their restaurant ‘offensive’ and racist. Mark & Angela Kennedy opened The British Colonial Co at Hawthorne in June 2016, marketing it as “inspired by the stylish days of the imperial promise of adventure and refinement in […]

]]>The owners of a Brisbane restaurant are suing the SBS for defamation, after it broadcast a segment which labelled their restaurant ‘offensive’ and racist.

Mark & Angela Kennedy opened The British Colonial Co at Hawthorne in June 2016, marketing it as “inspired by the stylish days of the imperial promise of adventure and refinement in a safari style setting.”

Two months later, the SBS featured a video on their YouTube channel, SBS Vice, which slammed the restaurant for glorifying “a colonial past as something beautiful, luxurious, exotic, when in fact colonisation was none of those things.”

The video prompted backlash against the restaurant on social media, causing public outcry against its ‘gross racism’.

In papers lodged with the Southport District Court last month, the couple claim’s that the publication implied they “sought financial gain at the expense and suffering of others” and that they “supported the bloody history of colonisations”.

They assert SBS’ allegations were “extravagant and sensational”, harmful to their reputation and ultimately forced the closure of their business.

Contending the publication has rendered them liable to “public ridicule, hatred and contempt”, they are suing for reputational and aggravated damages as well as loss of income. They have specified in their claim they do not wish the matter to be heard before a jury.

Queensland law specifies that defamation damages are capped at $250 000. However a judge may adjust this figure where aggravated damages are warranted.

As Queensland Law does not mandate a cap on aggravated damages and the business damages may be large, it is not yet known the precise sum that will be claimed by the owners when the dispute comes before the court.

]]>https://cartercapner.com.au/blog/racist-restaurant-sues-sbs/feed/0https://cartercapner.com.au/blog/racist-restaurant-sues-sbs/How a pizza sauce put girl in hospitalhttp://feedproxy.google.com/~r/TakeTheLaw/~3/zShRSvyLrkE/
https://cartercapner.com.au/blog/pizza/#respondThu, 19 Oct 2017 05:27:29 +0000http://www.cartercapner.com.au/?p=15436In March last year Holly Jones – as she regularly did – purchased two slices of her daughter’s favourite pizza from her local Whole Foods store. But on this occasion, the Vegan Garden Pizza caused serious and life threatening injuries. Jones phoned the store to alert them to the hospitalisation of her daughter – who […]

]]>In March last year Holly Jones – as she regularly did – purchased two slices of her daughter’s favourite pizza from her local Whole Foods store. But on this occasion, the Vegan Garden Pizza caused serious and life threatening injuries.

Jones phoned the store to alert them to the hospitalisation of her daughter – who was severely allergic to nuts.

The manager volunteered the pizza had been incorrectly labelled, declaring that “it did, in fact, contain nuts and/or ingredients containing nuts” and that an employee had mistakenly used a taco sauce made from crushed pecans.

On that basis, Jones brought an action against Whole Foods, alleging negligence, negligent supervision, misbranding of food for consumption, product liability and breach of express warranty, with Whole Foods subsequently lodging an application to dismiss all claims.

Whole Foods contended that the goods were not defective on the basis that vegans commonly eat nuts. Hence it should be expected that a vegan pizza might contain them.

The Tennessee (USA) court rejected that reasoning. Most notably, it relied on the consumer expectations test, which renders a product ‘unreasonably dangerous’ if an ordinary consumer would not reasonably expect the condition of the product or the risk of injury.

The court declared that omission of nuts on the pizza ingredients list rendered it immaterial that nuts might be vegan-friendly. Ms Jones could not have reasonably anticipated that the product contained pecans as an ordinary consumer would assume from the labeling, the product was nut free.

Whole Foods also argued they were exempt from stringent labeling requirements as the pizza had been made on site and was ‘ready to eat’. This contention too, was rejected.

]]>https://cartercapner.com.au/blog/pizza/feed/0https://cartercapner.com.au/blog/pizza/South-west Brisbane suburb set for property boomhttp://feedproxy.google.com/~r/TakeTheLaw/~3/oPYyDTqNZmw/
https://cartercapner.com.au/blog/brisbane-suburb-property-boom/#respondWed, 18 Oct 2017 02:04:18 +0000http://www.cartercapner.com.au/?p=15409Despite its reputation as a problem suburb, Inala is set to emerge as Brisbane’s next property hotspot. Property analyst Terry Ryder from Hotspotting.com.au is optimistic the suburb will continue to see growth moving forward. He attributes the current increase in demand to the affordability of housing along with strong infrastructure. The area of interest includes […]

]]>Despite its reputation as a problem suburb, Inala is set to emerge as Brisbane’s next property hotspot.

Property analyst Terry Ryder from Hotspotting.com.au is optimistic the suburb will continue to see growth moving forward. He attributes the current increase in demand to the affordability of housing along with strong infrastructure.

The area of interest includes Durack and Richlands alongside Inala; all three suburbs have access to public transport and will benefit from the upcoming improvements to the Ipswich Motorway.

With low vacancy rates for rental properties, the area is also a good choice for property investors.

Ryder also identified other Brisbane suburbs as property hotspots, including areas within the Moreton Bay region, Redlands, Ipswich and the Redcliffe Peninsula.

The combination of schools, public transport, retail and service precincts and affordable housing is proving to be attractive to renters and buyers alike, with strong sale activity in those regions.

]]>https://cartercapner.com.au/blog/brisbane-suburb-property-boom/feed/0https://cartercapner.com.au/blog/brisbane-suburb-property-boom/Teenager dies after allegedly assaulting an employee at a Newcastle poolhttp://feedproxy.google.com/~r/TakeTheLaw/~3/Q6R8TOiP408/
https://cartercapner.com.au/blog/teenager-dies-allegedly-assaulting-employee-newcastle-pool/#respondWed, 18 Oct 2017 01:51:07 +0000http://www.cartercapner.com.au/?p=15407A 17-year-old boy has died after an incident at Lambton Pool in Newcastle, NSW. Police attended the local pool after receiving reports of a ‘fight’ between a teenager who was at the pool with his carer, and an employee. Witnesses of the incident allegedly had to intervene and hold down the teen until police arrived […]

]]>A 17-year-old boy has died after an incident at Lambton Pool in Newcastle, NSW.

Police attended the local pool after receiving reports of a ‘fight’ between a teenager who was at the pool with his carer, and an employee.

Witnesses of the incident allegedly had to intervene and hold down the teen until police arrived at the scene.

The boy was found in serious condition and treated at the scene by paramedics before being taken to John Hunter Hospital, where he later died.

A spokesman for Newcastle City Council said the boy began causing harm to himself and the surrounding property, which is when his carer and passers-by stepped in to restrain him. The teenager then had a medical episode and needed CPR.

Police are now investigating all circumstances of the incident, and this investigation will be subject to independent review once complete. They are appealing for witnesses to come forward to assist.

Lambton Pool is temporarily closed until further notice, with a Facebook post on the pool’s page saying “Due to unforeseen circumstances the Lambton Swimming Pool will be closed for an undetermined short period of time. We appreciate the patience and apologise for any inconvenience caused. We will update everyone as soon as possible.”

]]>https://cartercapner.com.au/blog/teenager-dies-allegedly-assaulting-employee-newcastle-pool/feed/0https://cartercapner.com.au/blog/teenager-dies-allegedly-assaulting-employee-newcastle-pool/Hollie has joined the team at Carter Capnerhttp://feedproxy.google.com/~r/TakeTheLaw/~3/cXo_fuhWbog/
https://cartercapner.com.au/blog/hollie-joined-team-carter-capner/#respondTue, 17 Oct 2017 01:10:41 +0000http://www.cartercapner.com.au/?p=15402We’re very excited to have a new paralegal assistant in the office! Hollie joined us this year, bringing with her more than four years of experience working in a legal office. Hollie is currently studying a Bachelor of Social Work at Griffith University, and in her spare time, she enjoys going out for breakfast, listening to music, […]

]]>We’re very excited to have a new paralegal assistant in the office! Hollie joined us this year, bringing with her more than four years of experience working in a legal office. Hollie is currently studying a Bachelor of Social Work at Griffith University, and in her spare time, she enjoys going out for breakfast, listening to music, seeing live bands and playing with her dog, Franklin.

]]>https://cartercapner.com.au/blog/hollie-joined-team-carter-capner/feed/0https://cartercapner.com.au/blog/hollie-joined-team-carter-capner/Welcoming Jordyn to the CCL Teamhttp://feedproxy.google.com/~r/TakeTheLaw/~3/3r8Rrs0Bewk/
https://cartercapner.com.au/blog/welcoming-jordyn-ccl-team/#respondTue, 17 Oct 2017 01:07:42 +0000http://www.cartercapner.com.au/?p=15401We have another new face around the office – Jordyn joined us in August and has stepped into the role of administration assistant. She holds a Bachelor in Justice and Legal Studies from the University of the Sunshine Coast, and in her spare time, she enjoys venturing to different restaurants and watching live music.

]]>We have another new face around the office – Jordyn joined us in August and has stepped into the role of administration assistant. She holds a Bachelor in Justice and Legal Studies from the University of the Sunshine Coast, and in her spare time, she enjoys venturing to different restaurants and watching live music.

]]>https://cartercapner.com.au/blog/welcoming-jordyn-ccl-team/feed/0https://cartercapner.com.au/blog/welcoming-jordyn-ccl-team/Welcome, Athena!http://feedproxy.google.com/~r/TakeTheLaw/~3/J2MIoXf8cHg/
https://cartercapner.com.au/blog/welcome-athena/#respondTue, 17 Oct 2017 01:02:46 +0000http://www.cartercapner.com.au/?p=15400We’re excited to announce a new staff member at Carter Capner Law. Athena began with us this month as an administration assistant, and this will be her third year working in a corporate office. Outside of CCL Athena enjoys food, farmers markets, live music and new experiences. We’re glad to have you on the team, Athena.

]]>We’re excited to announce a new staff member at Carter Capner Law. Athena began with us this month as an administration assistant, and this will be her third year working in a corporate office. Outside of CCL Athena enjoys food, farmers markets, live music and new experiences.

]]>https://cartercapner.com.au/blog/welcome-athena/feed/0https://cartercapner.com.au/blog/welcome-athena/COURT ORDERS INSURER REASSESS TPD REJECTIONhttp://feedproxy.google.com/~r/TakeTheLaw/~3/ORYxWqn1kNg/
https://cartercapner.com.au/blog/court-orders-insurer-reassess-tpd-rejection/#respondFri, 13 Oct 2017 04:57:55 +0000http://www.cartercapner.com.au/?p=15397Edwin Gomez was employed by Queensland Health as a registered nurse until made redundant in 2013. In 2011 he was working in Brisbane’s Princess Alexandra Hospital where he sustained an injury to his right shoulder. The injury triggered increasing pain and significantly restricted his movement. He subsequently developed anxiety and depression and claimed compensation through […]

]]>Edwin Gomez was employed by Queensland Health as a registered nurse until made redundant in 2013. In 2011 he was working in Brisbane’s Princess Alexandra Hospital where he sustained an injury to his right shoulder. The injury triggered increasing pain and significantly restricted his movement. He subsequently developed anxiety and depression and claimed compensation through Work Cover Queensland.

Following his return to work on light duties, Gomez re-injured his shoulder in March 2012. After ceasing Work Cover in May 2012, Gomez applied to the Trustee for income protection benefits and in August 2012 sought to claim TPD benefits.

In January 2013 Gomez received a letter advising him that his claim had been rejected. Not satisfied with the decision, in 2014 Gomez presented the Board with new evidence, requesting they reconsider his claim. However the Board affirmed their initial decision.

In 2016 Gomez made a further request, again accompanied by submissions and additional material. He was later advised that the senior delegate of the Trustee had determined a review of the additional material did not indicate a reasonable possibility of a different result. Again, Gomez’s claim was refused.

In May this year the matter was heard before Justice David Boddice in Brisbane’s Supreme Court. In reviewing the trustee’s decisions, the court held the Trustee was not obliged to find Gomez’s TPD claim should be allowed.

The court declared that where the Trustee exercises such powers in good faith, giving real and genuine consideration to their duties under the relevant trust deed, the court should not interfere with the resulting

For more information on Total and Permanent Disability payouts, go to: TPD

It was concluded that the Board had made a reasoned choice between competing bodies of medical evidence in accordance with their duties and obligations.

However, in considering the Trustee’s dealing of the third review, Justice Boddice held that the additional material provided by Gomez adequately addressed matters which had not been specifically considered previously. He had no difficulty in concluding the trustee board had breached its duty by failing to adequately assess the entire application before it for review.

He ordered the Trustee reconsider Gomez’s claim, giving consideration to the new material.

]]>https://cartercapner.com.au/blog/court-orders-insurer-reassess-tpd-rejection/feed/0https://cartercapner.com.au/blog/court-orders-insurer-reassess-tpd-rejection/Man ‘burnt by his beer’ gets $750khttp://feedproxy.google.com/~r/TakeTheLaw/~3/jHC55vomCEs/
https://cartercapner.com.au/blog/man-burnt-by-his-beer-gets-750k/#respondFri, 13 Oct 2017 04:18:45 +0000http://www.cartercapner.com.au/?p=15390A US court has awarded a restaurant patron substantial damages after he consumed a contaminated beer during a celebratory dinner with colleagues. In late 2012, Richard Washart enjoyed a beer from the tap at McCormick &t Schmick’s Seafood and Steak Restaurant in New Jersey. Upon ordering a second, the barman announced his preferred lager was […]

]]>A US court has awarded a restaurant patron substantial damages after he consumed a contaminated beer during a celebratory dinner with colleagues.

In late 2012, Richard Washart enjoyed a beer from the tap at McCormick &t Schmick’s Seafood and Steak Restaurant in New Jersey. Upon ordering a second, the barman announced his preferred lager was off line, so he agreed to the recommended substitute, a Samuel Adams Winter.

Washart quickly fell ill after just a few chugs. He was rushed to hospital where he was treated over 6 days for burns to his oesophagus and the erosion of almost 25% of his stomach lining – all from a corrosive cleaning solution being present in the beer lines.

Washart sued the restaurant in 2015, claiming they had contravened the relevant food safety law by serving the contaminated beer. He also brought an action in negligence against Kramer Beverage Co. – the company who both supplied and maintained Schmick’s beer lines.

At trial, Washart’s beer line cleaning expert testified that industry standards required lines be cleaned every two weeks, by flushing them with fresh water for 15 minutes before testing pH levels. However, it was revealed that Kramer Beverage Co only cleaned the lines every two months, failed to use pH strips and only flushed for 10minutes.

The restaurant blamed Kramer Beverage Co, claiming they failed to meet industry standards, whilst the co-accused denied liability, claiming the contamination could not have occurred as submitted as they had not recently cleaned the lines.

Last month, a jury found both defendants responsible, declaring them equally liable and ordering they each pay half of Mr Washart’s US$750k damages – US$650k for pain and suffering and US$100k for the emotional distress he endured.

Washart’s injuries now render him at an increased risk to both stomach and oesophageal cancer and as a result he has undergone biopsies every six months since the incident.

Schmick’s parent company Landry’s Inc.-, has since expressed they intend to appeal.

]]>https://cartercapner.com.au/blog/man-burnt-by-his-beer-gets-750k/feed/0https://cartercapner.com.au/blog/man-burnt-by-his-beer-gets-750k/WOMAN SUES GOLD COAST HOLIDAY PARK FOR $4MILLION TRAMPOLINE INJURYhttp://feedproxy.google.com/~r/TakeTheLaw/~3/xpRs4bqfB3c/
https://cartercapner.com.au/blog/woman-sues-gold-coast-holiday-park-4million-trampoline-injury/#respondThu, 12 Oct 2017 00:22:22 +0000http://www.cartercapner.com.au/?p=15383When Sarah Cranfield and her partner embarked on a family holiday, they imagined themselves enjoying the Gold Coast’s scenic beaches and not the inside of its hospitals. Instead, Ms Cranfield was left requiring surgery after her partner jumped too closely to her on an inflatable trampoline at The Gold Coast Holiday Park in Helensvale in […]

]]>When Sarah Cranfield and her partner embarked on a family holiday, they imagined themselves enjoying the Gold Coast’s scenic beaches and not the inside of its hospitals.

Instead, Ms Cranfield was left requiring surgery after her partner jumped too closely to her on an inflatable trampoline at The Gold Coast Holiday Park in Helensvale in September 2012.

Following the incident Ms Cranfield lodged a claim with the Brisbane Supreme Court in February this year, alleging the holiday park acted negligently in failing to adequately supervise the trampoline and failing to instruct Cranfield on its safe and proper use.

In documents lodged with the Supreme Court, Ms Cranfield claims she sustained, ‘major and debilitating disabilities’, having fractured her leg and foot in the incident.

The lawsuit claims the ongoing physical and psychological trauma now renders her unable to continue her study to become a registered nurse. Accordingly, she claims for severe impairment to her future earning capacity, the cost of care and for medical expenses.

The lawsuit comes after a fatality in Toowoomba and a spate from 2015 of other injuries at Queensland trampoline parks. It has prompted concerns over trampoline park safety, with calls for those involved to be held accountable. Whilst the outcome of the case may not be known for at least 12 months, a win for Ms Cranfield may expose further negligence claims over trampoline park injuries.

If you have any questions or need advice please feel free to give us a call on 07 3210 3444.